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(영문) 서울남부지방법원 2016.09.22 2016고단2835
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for six months.

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a rocketing taxi.

On February 2, 2016, the Defendant driven the said taxi as around 09:00 and proceeded along three-lanes in the vicinity of the tri-type apartment complex located in the village of Yangcheon-gu Seoul, Yangcheon-gu, Seoul, with the front side of the tri-type apartment.

Since there is a crosswalk where a signal, etc. is installed, in such cases, there was a duty of care to check whether a person engaged in driving service has a way to cut off the speed, and whether he/she has a duty of care to drive safely in accordance with the new code.

Nevertheless, the defendant neglected this and caused the victim C (the 57 years old) who dried the crosswalk on the right side from the left side of the defendant's running direction due to the negligence in the vehicle stop new line, which led the victim to go beyond the crosswalk by the front part of the defendant's taxi.

Ultimately, the Defendant suffered from the victim’s occupational negligence, such as the division of 16 weeks to the right-side executives who need approximately 16 weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement on the occurrence of each traffic accident;

1. Application of Acts and subordinate statutes to a survey report on actual condition, on-site photograph of an accident, vehicle photograph of an accident, diagnostic certificate, and an investigation report (a wooden shot statement);

1. Circumstances that are favorable for the relevant legal provisions concerning criminal facts, the proviso to Article 3 (1), Article 3 (2) 1 of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, Article 268 of the Criminal Act, the sentencing of imprisonment without prison labor option: The fact that a motor vehicle driven by the defendant is insured by the taxi

(k) Unfavorable circumstances: A punishment shall be determined as ordered in consideration of all the circumstances, such as the fact that the degree of negligence is serious due to the shock of pedestrians and the degree of injury of the victim, the fact that no agreement has been made with the victim, the circumstances of the accident, the degree of damage, and the circumstances after the crime, etc., in a crosswalk;

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